Anne Bucher  |  October 30, 2020

Category: Legal News

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Breast implants regarding the Allergan class action lawsuit filed

Allergan breast implants have an unacceptably high failure rate and may cause serious adverse health effects such as breast implant-associated anaplastic large cell lymphoma (BIA-ALCL), according to a class action lawsuit filed in the Ontario Superior Court of Justice.

“In spite of knowing about these risks of serious harm associated with their Allergan Implants, the defendants failed to disclose the known risks of illness and/or injury to Class Members, their treating physicians and regulatory authorities in Canada in a timely way or at all,” the Allergan breast implant class action lawsuit says.

Plaintiffs: Allergan Concealed Breast Implant Risks

Plaintiffs Takwihin Kibalian and Yeghia Kibalian claim that the Allergan defendants knowingly misrepresented or concealed information about the high failure rate associated with Allergan breast implants and the “unacceptably high rate of illness and injury” that has been linked to the implants.

Takwihin Kibalian of Toronto says she had surgery to place Allergan implants in her body for cosmetic reasons in January 2014. Her brother Yeghia Kibalian is joining her as a plaintiff in the Allergan breast implant class action lawsuit filed last year.

The plaintiffs filed the Allergan class action lawsuit on behalf of themselves and a proposed Class of people who were implanted in Canada with one or more Allergan breast implants, and all persons who through their personal relationship to a person who has Allergan breast implants have standing in the case.

Adverse Health Effects Associated with Breast Implants

Breast implants are a type of medical device used to augment breast size. They can be used for cosmetic purposes or to replace breast tissue that has been lost due or which developed abnormally due to an underlying medical condition.

Today, the most common breast implant design involves a silicone outer shell that is filled with either silicone gel or saline.

Concerns about adverse health effects in patients with silicone breast implants began to emerge in the late 1980s. These health effects reportedly included autoimmune, neurological and connective tissue diseases. Other reported health effects included debilitating physical and cognitive impairments.

In April 1992, North American health regulators ordered silicone breast implants to be removed from the market but the U.S. Food and Drug Administration and Health Canada allowed them to be used for certain situations.Surgeons talking breast implants regarding the Allergan class action lawsuit

Extensive lobbying by breast implant manufacturers convinced Health Canada to remove the limited restrictions on the use of silicone breast implants in 2006, on condition that extensive long-term post-market studies would be conducted regarding health safety and implant failure. However, these studies were not informative as nearly 40% of the breast augmentation study participants were lost to follow up by just the second year of the long-term case control study.

Plaintiff Says She Suffered Debilitating Breast Implant Complications

According to the Allergan breast implant class action lawsuit, complaints about silicone breast implants continue. In Takwihin’s case, she was implanted with two Natrelle INSPIRA-TSF implants, which are silicone implants with Biocell textured surface cells.

Although her surgeon informed her that this type of breast implant was less likely to move or rupture than other implants, she says she was not informed that the implants could put her at risk of developing serious health effects, including BIA-ALCL.

Since receiving the Allergan breast implants, Takwihin says she’s experienced a wide variety of symptoms including hair loss, hypothyroidism, depression, fatigue, cognitive changes, anxiety, and musculoskeletal ailments. By July 2014, she says these problems became debilitating and she had to take a leave of absence from her work.

Takwihin says she did not learn about the risk of developing BIA-ALCL until March 2019. Now that she knows of the risk, as well as all of the other health complications she’s allegedly suffered from the Allergan breast implants, she says she intends to have them removed.

The Allergan class action lawsuit asserts claims for negligence and vicarious liability. The plaintiffs are seeking damages for pain and suffering, loss of income, as well as punitive and aggravated damages.

“The plaintiffs plead that the defendants have acted in such a deliberate, high-handed, wanton and reckless manner, without regard to the lives, health and safety of the plaintiffs and other members of the Classes, and were motivated by economic incentives so as to warrant a claim for punitive and aggravated damages,” the Allergan class action lawsuit states.

There is currently an Allergan breast implant class action lawsuit investigation in the United States over the safety risks posed by Allergan BIOCELL and Naturelle textured breast implants.

Have you or someone you know experienced breast implant side effects? Tell us your story in the comments section below.

The plaintiffs are represented by Joel P. Rochon and Vincent Genova of Rochon Genova LLP.

The Allergan Breast Implant Class Action Lawsuit is Takwihin Kibalian, et al. v. Allergan PLC, et al., Case No. CV-19-00620507-00CP, in the Ontario Superior Court of Justice, Canada. 

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13 thoughts onAllergan Hit With Class Action Lawsuit Over “Dangerous” Breast Implants

  1. Teresa Hawkins says:

    I would like to know more about the Allergan lawsuit. I had a recalled Allergan implant, and have several diagnosed autoimmune and systemic reactions due to the implant.

  2. erin giegerich says:

    I literally JUST found out an hour ago that my implants were recalled. I called my surgeons office to find out what I had put in 10 years ago and that’s the first time they informed me of this. I had a mammogram earlier this morning because I’ve been having pain in my breasts, I’ve developed a skin issue and have lost half my hair. Waiting for the results! No matter what, they’ll be coming out and hopefully NOT at my expense.

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